United States v. Louis Paiva, Jr. — Plea Agreement, Northern District of Florida (Document 31)

Summary

A Plea Agreement between the United States Attorney for the Northern District of Florida and Louis Paiva, Jr., represented by Joseph Bodiford, in Case No. 4:22cr31/MW, Case 4:22-cr-00031-MW-MAL, filed October 21, 2022. Paiva agrees to plead guilty to Count One, theft of public money or property, which carries a maximum of ten years' imprisonment, three years of supervised release, a $250,000 fine and a $100 special monetary assessment. The agreement leaves the sentence to the discretion of the District Court and reserves both parties' right to appeal any sentence imposed. Paiva agrees to pay restitution of $16,435 to the Florida Department of Economic Opportunity. The agreement refers to a sealed Supplement to Plea Agreement on cooperation.

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Case 4:22-cr-00031-MW-MAL Document 31 Filed 10/21/22 Pagelof5

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 4:22cr31/MW

LOUIS PAIVA, JR.
/

PLEA AGREEMENT

1. PARTIES TO AGREEMENT

This agreement is entered into by and between Louis Paiva, Jr. as
Defendant, Joseph Bodiford as attorney for Defendant, and the United States
Attorney for the Northern District of Florida. This agreement specifically excludes
and does not bind any other state or federal agency, including other United States
Attorneys and the Internal Revenue Service, from asserting any civil, criminal, or
administrative claim against Defendant.

2. TERMS

The parties agree to the following terms:

a. Defendant will plead guilty to Count One (Theft of Public Money or
Property). As to Count One, Defendant faces a maximum term of ten years’

imprisonment, three years of supervised release, a $250,000 fine, and a $100 special

1 FILED IN OPEN COURT THiS

CLERK, U.S. DISTRICT
COURT, NORTH. DIST. FLA
Case 4:22-cr-00031-MW-MAL Document 31 Filed 10/21/22 Page2of5

monetary assessment on each count. Defendant agrees to pay the special monetary
assessment(s) on or before the date of sentencing.

If Defendant is unable to pay the special assessment prior to sentencing due
to indigence, Defendant agrees to participate in the Inmate Financial Responsibility
Program.

The maximum sentence to which Defendant is subject includes the forfeiture
of all forfeitable assets.

b. By voluntarily pleading guilty to the charge(s) in the Indictment,
Defendant, as to the count(s) pled herein, knowingly waives and gives up
constitutional rights which attend a defendant on trial in a criminal case. These
constitutional rights include: the right to plead not guilty; the right to have a jury or
judge determine guilt on the evidence presented; the right to compel the government
to prove guilt beyond a reasonable doubt; the right to confront and cross-examine
witnesses; the right not to be compelled to incriminate oneself; the right to testify;
the right to present evidence; and the right to compel the attendance of witnesses.

C. Defendant is pleading guilty because Defendant is in fact guilty of the
charges alleged in Count One of the Indictment. In pleading guilty, Defendant
acknowledges that were this case to go to trial, the government would present

evidence to support the charge(s) beyond a reasonable doubt.
Case 4:22-cr-00031-MW-MAL Document 31 Filed 10/21/22 Page3of5

d. | Upon the District Court's adjudication of guilt of Defendant for the
charged crime(s), the United States Attorney, Northern District of Florida, will not
file any further criminal charges against Defendant arising out of the same
transactions or occurrences to which Defendant has pled. Defendant agrees that
substantial evidence exists to support the charge(s), as indicated in the agreed-upon
statement of facts incorporated by reference into this plea agreement.

e. Nothing in this agreement shall protect Defendant in any way from
prosecution for any offense committed after the date of this agreement.

f. If Defendant is not a citizen of the United States, Defendant
understands that this conviction may adversely affect Defendant’s immigration
status, and Defendant may be removed from the United States, denied citizenship in
the United States, and denied admission to the United States in the future.

g. The parties agree that the sentence to be imposed is left solely to the
discretion of the District Court, which is required to consult the United States
Sentencing Guidelines and take them into account when sentencing Defendant. The
parties further understand and agree that the District Court’s discretion in imposing
sentence is limited only by the statutory maximum sentence and any mandatory
minimum sentence prescribed by statute for the offense(s).

h. Both parties reserve the right to advise the District Court and other

authorities of their versions of the circumstances surrounding the offense(s)
3
Case 4:22-cr-00031-MW-MAL Document 31 Filed 10/21/22 Page4of5

committed by Defendant. The United States Attorney further reserves the right to
correct any misstatements by Defendant or Defendant’s attorney and to present
evidence and make arguments pertaining to the application of the sentencing
guidelines and the considerations set forth in Title 18, United States Code, Section
3553(a), including sentencing recommendations, and whether departure or variance
upward or downward is appropriate.

3. SENTENCING

a. Defendant understands that any prediction of the sentence that may be
imposed is nota guarantee or binding promise. Due to the variety and complexity of
issues that may arise at sentencing, the sentence may not be subject to accurate
prediction.

b. The parties understand and agree that either party may offer additional
evidence relevant to sentencing issues. However, the Court is not limited to
consideration of the facts and events provided by the parties. Adverse rulings or a
sentence greater than anticipated shall not be grounds for withdrawal of Defendant’s
plea.

C. The parties reserve the right to appeal any sentence imposed.

4. VICTIM RESTITUTION
Defendant agrees to make full restitution to the victim, in an amount of

$16,435 to the Florida Department of Economic Opportunity. Defendant agrees that
4
Case 4:22-cr-00031-MW-MAL Document 31 Filed 10/21/22 Page5of5

the amount of restitution may include losses resulting from related conduct for which
Defendant was not convicted, if the loss flowed directly from the relevant conduct

of which Defendant was a part.

CONCLUSION

In every case in the Northern District of Florida in which the parties enter a
Plea Agreement, the Court requires the parties to enter a sealed Supplement to Plea
Agreement indicating whether or not Defendant agrees to cooperate with the United
States Attorney. The parties agree to the Supplement to Plea Agreement entered in
this case. Defendant enters this agreement knowingly, voluntarily, and upon advice

of counsel.

JASON R. COODY

Florida Bar No. 021034

osep} Bodiford
Attgrhey for Defendan

/ / Assistant United States Attorney
(O//¢ [2% Northern District of Florida
Date | | 111 North Adams Street, 4" Floor
RL Tallahassee, FL 32301
a. 850-942-8430
Louis PAiva, at. iva, Justin.Keen@usdoj.gov
Defendant
Date Date


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